26 PROCTOR | September 2015
The voice of
your profession
Queensland Law Society has made submissions to the Attorney-General on the Land Court Act
2000 and has formed a working group to consider recommendations in the Not Now, Not Ever report
into domestic and family violence in Queensland. For more reports, see qls.com.au/submissions.
Advocacy
Call to Parties update
The State Budget, delivered in July, funded
a number of reforms sought by Queensland
Law Society in its Call to Parties statement
in the run-up to the January election.
These reforms included:
• allocating $32.3 million over four years
(just over $3.8 million of this in 2015-16)
to reinstate diversionary court processes
and programs, including the Murri Court,
Special Circumstances Court and Youth
Justice Conferencing
• commencing a comprehensive
audit of all Queensland courts and
tribunals to consider appropriate
resourcing of courthouses, including
soundproof interview rooms, access
for mobility-impaired persons, facilities
to assist persons with disabilities,
videoconferencing facilities and E-filing
• repealing amendments made to the Youth
Justice Act 1992 in 2014 so that repeat
offenders’ identifying information cannot
be published, other than in exceptional
circumstances; breach of bail is no longer
an offence; all children’s law matters
are held in a closed court; childhood
findings of guilt for which no conviction
was recorded are inadmissible in relation
to adult offences; and the principle of
detention as a last resort is reinstated.
This is a very pleasing result, as these
reforms should result in more effective
and fairer sentencing, and better outcomes
for both lawyers and clients.
The Queensland Government has also
introduced the Workers’ Compensation
and Rehabilitation and Other Legislation
Amendment Bill 2015, which repeals the
5% impairment threshold for workers’
compensation claims.
This has been the subject of much
advocacy by the Society, with the much
appreciated assistance of the QLS Accident
Compensation and Torts Law Committee,
and was also in the Call to Parties document.
Land Court Act amendments
Queensland Law Society has also
successfully advocated for the amendment
of the Land Court Act 2000 in the wake of
BHP Billiton Mitsui Coal Pty Ltd v Isdale
[2015] QSC 107.
That decision called into question the
immunity of members of the Land Court
and it was clear that urgent amendment
was required.
A submission was made to the Attorney-
General on the need for amendments
and their form. The Attorney-General’s
office responded with draft legislation,
and incorporated further amendments
suggested by the Society.
These amendments are crucial to the efficient
functioning of the court, and it is noteworthy
that the Society was able to respond quickly.
The work of the QLS Mining and Resources
Committee is gratefully acknowledged.
Shane Budden is Queensland Law Society’s
advocacy and policy manager.
Not Now, Not Ever working group
In February, the Government’s Special
Taskforce on Domestic and Family Violence
in Queensland, chaired by Quentin Bryce AD
CVO, delivered its report, Not Now, Not Ever,
to the Premier.
The report includes 140 recommendations.
Of these, four refer to actions to be
undertaken by Queensland Law Society.
These involve developing best practice
guidelines in accordance with the Legal
Aid Queensland model guidelines and
implementing these guidelines. The Society
is to also ensure that suitable continuing
professional development programs are
available in respecting diversity and ethical
conduct for managing the intersection of
domestic and family violence with family law.
Finally, lawyers engaged in the area are to
be encouraged to undertake this continuing
professional development.
The Society has established a working group
chaired by vice president Deborah Awyzio
to consider the recommendations.
The Not Now, Not Ever working group has
a range of lawyers, including representatives
of Legal Aid Queensland, Women’s Legal
Service and Queensland Association of
Independent Legal Services. Participants
also include social scientists.
The working group has initially been engaged
in identifying resources already available in
this area, such as best practice guidelines,
frameworks, training packages and articles.
Also, relevant stakeholders and contacts for
seeking feedback are being identified, and
the group is meeting monthly.
Lesley Ravell is a Queensland Law Society
policy solicitor.
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